DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because of the following:
336 has been used to designate both a receiving hole (para. 51; Fig. 7 and 8) and what appears to be a wall (Fig. 7 and 8)
724 has been used to designate both a “second counter hole” (para. 70) and what appears to be the splines (Fig. 7)
334 has been used to designate both a “socket” (para. 51) and what appears to be the first valley (Fig. 5)
652 (para. 68, line 1) and 1154 (para. 72, last line) used for second port
Reference numbers should each be used for one and only one component.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the features canceled from the claims. No new matter should be entered.
“bearing” of claims 1, 4, 6, 9, 10, 11, 19, and 20
“zerk threading” of claim 8
“axle spindle” of claim 20
“first portion with a polygonal shape and a second portion with a parabolic curved shape” of claims 14 and 15. There are no reference numbers associated with the first portion or second portion and so it is unclear what exactly is perceived as the “first portion” and “second portion” of each surface
Fig. 5 is objected to und 37 CFR 1.84(h) because the “transparent” view is hard to read and identify elements, particularly because the view is not identified as a “transparent” view. If internal features need to be shown, a cross-sectional view should be used and the parts that are cut should be shown with hatching. If an outside view is used, the internal elements (e.g. splines, grooves, lubrication shaft etc.) should not be visible.
Fig. 7 is objected to under 37 CFR 1.84(h) because, what is assumed to be hatching is unclear that it is for sure hatching. Hatching should be parallel lines evenly spaced apart at an angle.
The drawings are further objected to for the following reasons:
Different views should not have their own reference numbers (e.g. 300, 400, 500 etc.), only physical features or elements should have reference numbers. The labeling of the figures (e.g. Fig. 1, Fig. 2 etc.) is the labeling of different views.
Fig. 3 should have the image replaced with a drawing. Reference numbers and features are hard to see on the image, especially with the added drawn on lines (e.g. around the hand, which should not be in the image anyway)
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Replete with grammatical errors. Too numerous to be listed
Para 47, line 2 references a “polynomial edge”. It is assumed this was intended to refer to a “polygonal edge” as it is not clear what a “polynomial edge” is.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 9 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
It is unclear from the description and drawings (especially since no bearing is shown in the drawings) how the bearing would be “installable absent a separate bearing installation tool.”
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 6, 9, 10, 19 use the term “via”. Via is a generally narrative and indefinite term that does not define any structural relationship. Because of this, it is uncertain how the claimed items are connected or used.
Claim 9 recites the limitation “wherein the bearing is installable to the component via one or more features of the component including the volume”. The metes and bounds of the claim cannot be determined as it is unclear where or how the bearing is “installable to the component”. The phrase “via one or more features including the volume” is non-limiting and does not define the structural relationship between the bearing and the volume or component.
Claim 17 recites the limitation “the mounting structure and fasteners”. There is insufficient antecedent basis for the limitation of “fasteners” in the claim.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “socket” in claims 13 and 19 is assumed to be used by the claim to mean a “protrusion” or “extension” while the accepted meaning is “an opening or hollow that forms a holder for something.” (https://www.merriam-webster.com/dictionary/socket) The term is indefinite because the specification does not clearly redefine the term. If the “socket” were referring only to the hole for receiving a shaft or bearing, it would be within the accepted definition; however, the “socket” is “around a receiving hole” (claim 13) and so the term “socket” appears to be referring to the entire protruding element without being explicitly defined as such in the specification.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2,4-7,10,13-16 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by White US 20170120674 A1.
Regarding claim 1, White discloses a component 200 for a wheel hub assembly and an axle assembly comprising: a volume 210; a channel 216, the channel 216 extending from a first side 254 of the component 200 to the volume 210; a first port 224, placing the channel 216 in fluid communication with the volume 210; and a second port 222, placing the channel in fluid communication with a surface of the first side 254; wherein the component 200 houses a bearing via the volume 210, and lubricant is applied to the volume 210 and the bearing via the channel 216 while the component remains assembled and physically coupled to other components of a vehicle (Fig. 3 and 4; para. 43).
Regarding claim 2, White discloses the component of claim 1, wherein the component 200 is a wheel hub (Fig. 3 and 4).
Regarding claim 4, White discloses the component of claim 1, wherein the bearing supports a shaft that is drivingly coupled to a rotational element of the axle assembly, wherein one or more components of the axle assembly drive the shaft. (para. 52 discloses that the component 200 would also be able to be used on a drive axle. Given the well known use of drive axles that run through a hollow axle spindle and bolt to the outer side of the wheel hub, often in place of a hub cap, it would be apparent and feasible that the bearings used in the wheel hub would support an axle shaft that is attached to the outer face of the wheel hub when the component is used on a drive axle)
Regarding claim 5, White discloses the component of claim 4, wherein the first side 254 is a wheel side, the wheel side positioned closest to a wheel that the shaft is drivingly coupled to, wherein the shaft drives the wheel. (Fig. 3 and 4)
Regarding claim 6, White discloses the component of claim 1, wherein the second port 222 fluidly couples with a greasing tool, such that the greasing tool applies a grease to the volume 210 and the bearing via the channel 216, and the grease is the lubricant. (para. 49)
Regarding claim 7, White discloses the component of claim 6, wherein the second port has a threading that meshes with the greasing tool. (para. 49)
Regarding claim 10, White discloses a wheel hub of a wheel hub assembly comprising: a first groove 230; a channel 216, the channel 216 extending from a first side 254 of the wheel hub to the first groove (extends to the same axial position as the first groove and is in fluid communication through the central volume 210); a first port 224, placing the channel 216 in fluid communication with the first groove 206; and a second port 222, placing the channel 216 in fluid communication with a first surface of the first side 254; wherein the wheel hub rigidly couples to a wheel having a wheel side closest to the wheel, wherein the wheel hub houses a bearing via the first groove 206, and lubricant is applied to the first groove 206 and the bearing via the channel while the wheel hub remains assembled and physically coupled to other components of a vehicle (Fig. 3).
Regarding claim 13, White discloses the wheel hub of claim 10, wherein the wheel hub includes a socket (inset portion on axially inboard end) around a receiving hole, wherein the wheel hub is centered around the receiving hole, and a shaft extends through the receiving hole to rigidly couple the wheel hub. (Fig. 3; para. 52 discloses that the component 200 would also be able to be used on a drive axle. Given the well known use of drive axles that run through a hollow axle spindle and bolt to the outer side of the wheel hub, often in place of a hub cap, it would be apparent and feasible that the bearings used in the wheel hub would support an axle shaft that is attached to the outer face of the wheel hub when the component is used on a drive axle)
Regarding claim 14, White discloses the wheel hub of claim 10, wherein the first surface is one of a plurality of surfaces, wherein each of the surfaces have a first portion with a polygonal shape and a second portion with a parabolic curved shape (Fig. 3 and 4 show a multitude of surfaces with various polygonal and parabolic curved shapes; particularly in the areas of the holes radially inboard of the wheel studs)
Regarding claim 15, White discloses the wheel hub of claim 14, wherein the first portion of each of the surfaces join to a face, the face being a common face that the surfaces are contiguous with therein. (Fig. 3 and 4)
Regarding claim 16, White discloses the wheel hub of claim 10, wherein the first groove 206 comprises a plurality of valleys, including a first valley and a second valley, the first valley comprising a shoulder, and the second valley extending away from the shoulder, wherein the first valley and second valley collect and house lubricant from the first port 224. (Fig. 3, see below annotated figure)
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Regarding claim 19, White discloses a bearing carrier 200 of a wheel hub assembly and an axle assembly comprising: a socket section (radially central portion of the hub extending from axially outer edge to axially inner edge), the socket section comprising a socket (inset portion at axially inner end) and a hole (through hole containing bearings); a mounting section 204; a cavity (inset portion at axially outer end), the mounting section is positioned around the cavity and the cavity is volumetrically continuous with the hole; a first port 222, the mounting section 204 comprising the first port 222; a second port 224, the socket section comprises the second port; a channel 216, the channel 216 extending from the first port 222 to the second port 224 and placing first port 222 in fluid communication the second port 224 ; and a bearing is housed by the socket section via the hole, wherein lubricant is applied to bearing via the first port 222, the second port 224, and the channel 216 while the bearing carrier remains assembled and physically coupled to one or more other components of a vehicle. (Fig. 3 and 4)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over White US 20170120674 A1.
Regarding claim 8, White teaches the component of claim 7. White does not explicitly disclose wherein the threading is a zerk threading. However, zerk fittings are well known in the art for lubricating suspension components so It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a zerk threading instead of a plug that has to be removed for added convenience and ease of lubrication with a reasonable expectation of success. Official notice is hereby given.
Regarding claim 17, White discloses the wheel hub of claim 10, wherein the wheel hub includes mounting structures joined therein and positioned radially around the first groove 206, wherein the mounting structures and fasteners 212 mount to and abut the wheel, wherein each of the mounting structures includes a first platform and a second platform, wherein the second platform has a second surface, and the second surface contacts a brake rotor.
Claims 3 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over White US 20170120674 A1 in view of Shay US 4595080 A
Regarding claim 3, White discloses the component of claim 1. White does not disclose wherein the component is a knuckle. Axle knuckles are present in some form on every vehicle with a steering axle assembly and so are extremely well known in the art. Shay teaches an axle knuckle with a lubrication zerk fitting. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the lubrication port taught by white on an axle knuckle or axle spindle instead of on the rotating hub assembly as an obvious alternate location, particularly in the event that it would allow lubrication access without removing a full wheel cover (e.g. by positioning the channel axially inboard of the wheel) with a reasonable expectation of success.
Regarding claim 20, White discloses the bearing carrier of claim 19. White does not disclose wherein the bearing carrier is an axle knuckle or an axle spindle. Either axle knuckles or axle spindles are present in some form on every vehicle with an axle assembly and so are extremely well known in the art. Shay teaches an axle knuckle with a lubrication zerk fitting. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the lubrication port taught by white on an axle knuckle or axle spindle instead of on the rotating hub assembly as an obvious alternate location, particularly in the event that it would allow lubrication access without removing a full wheel cover (e.g. by positioning the channel axially inboard of the wheel) with a reasonable expectation of success.
Allowable Subject Matter
Claims 11, 12, and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Walther US 3642327 A teaches a wheel hub for a non-drive axle with a grease zerk fitting. Persons US 4636007 A teaches another wheel hub/bearing carrier with zerk fittings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX R PALMER whose telephone number is (703)756-1981. The examiner can normally be reached M-F 8:30 am - 5:00 pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at (571) 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AP/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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